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(영문) 대전지방법원 공주지원 2018.05.25 2018고단94
절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal records] On November 8, 2016, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. in the Changwon District Court’s territorial branch on November 8, 2016, and completed the execution of the sentence at a detention house on April 11, 2017.

[2] On February 9, 2018, the Defendant: (a) entered the beauty art room of the victim (hereinafter “victim”) located in B at the Gongju-si around 12:30 on February 9, 2018; and (b) stored one LG smartphone at the victim’s own seat of the above beauty art room (hereinafter “victim”) with a 400,000 won of the market price owned by the victim, which was located on the victim’s own seat of the above beauty art room; and (c) stolen the victim’s property.

On February 10, 2018, the Defendant: (a) entered the said store through an entrance where the victim did not correct the cresh of the cresh in order to hold the house for the occupation of the victim; (b) cut off with one bicycle of the amount equivalent to KRW 300,000,000 at the market price owned by the victim.

Summary of Evidence

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (prior convictions of suspects and repeated offenses) 2018, 94;

1. Statement by the defendant in court;

1. C’s written statement “2018 Height 100;

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes on site photographs;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to June) of the basic area of the theft against general property (the general larceny) (the person who has no special sentencing factors)

2. Circumstances unfavorable to the decision of sentence: A repeated crime was committed during the period despite a large number of criminal offenses, including theft.

Agreement or no compensation for damage was made.

The size of damage is relatively less severe.

The age, sex, environment, occupation, and occupation of the defendant.

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